Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-12-10
", The Supervisors of Niagara go Hill,

L
| from any business or investment of CAPT
tai, without reference to the outgoing ex-
penditures while profits generally mean
| the gain which is made upon any business
or investment when both receipts and pay
ments are taken into the account. Income,
when applied to the affairs OF individuals,
expresses the same idea that revenue does
when applied to the affairs of State or
nation; and no one would think OF denying
that our Government has any revenue be-
cause the expenditures for a given period
may exceed the amount of receipts"
The word revenue" is used in many
senses. 1t is like thousands of words in
our language-ambiguous in meaning, the
significance of which can only properly be
determined by the words with which it is
connected. Let it be conceded that the usual
and ordinary meaning of the word when
used aloneis netincome that which remains
of the annual income of property after de-
Quoting from gross receipts the expenses
incurred in producing the gross income;
still we must resort to the context to find
the sense in which it is used in the writing
presented for Interpretation If the con-
text indicates meaning different from its
ordinary and popular Specification, we
must adopt the meaning so indicated; that
is, indicated by the words of the statute or
instrument in which it is used.
And here the context clearly denotes its
meaning. 1t is the revenue derived from
water rents, collected and paid into the
Treasury, which is spoken of. 1t is so said
in the thirty-fiith section. BY Section %
all water rents are to be paid into the
Treasury. None can be held back. The
collecting officer who fails 10 pay in all
the water rents, forfeits his office. This
officer must pay into the Treasury all such
moneys on Saturday of each week, and
must on the same day file the Treasurer's
receipt for such payment with the Auditor,
and shall at the same time file with the
Auditor a statement, under oath, of the
sources from whence the money comes,
and that the money so paid over is the total
amount collected since his last payment;
and such statement shall also be filed in
duplicate with the Clerk of the Board of
Supervisors. The above provisions are en-
acted in Section 2S of the Act of 1858
quoted above in full. The penal provisions
above referred TO follow in the succeeding
part of Section %.
The word revenue" has the same mean
ing in Section SO.
The intent is plain one. That the above
represents its terms and stipulations we
have no doubt. Any Act or Acts of the
Legislature making any change in it, to
the detriment of the creditor without the
NDlioSlil vi lLt DOuuIlOlueT, utterly NDlu.
This Court so held in Never vs. Brown,
supra, and still adheres to that Judgment
Much is said as to the expense of con-
structing the water works, and that the city
has been obliged TO build a new water
works. We cannot hold that any such
considerations can alter the contract, or
abridge the right of the creditor, The pay
ment OF the expenses of conducting the
works is provided for in the Act.
The officers and laborer of the employees
are salaried Section 24) and there is a
fund.- called salary fund, created for their
payment (see Section 35), and it is declared
of the salary fund that it shall be APP
piled to the payment of the salaries of
municipal officers, as provided in the Act"
and Tor all other expenses, if any there
| shall be, contingent fund of % per cent
of the taxes, licenses, harbor dues, water
rents, etc, is provided for their payment.
OF this it may be said that if the funds
provided for in the Act are not sufficient to
pay such expenses, resort must be had to
the Legislature to procure further powers
| TO raise the money by constitutional Act of
that body, which is not allowed by any
Act to divert from the interest and sinking
fund any portion of it, without the consent
| of the creditor
AS TO the new water works, and the paw
ment of the expense of building them, it
may be said that the Act of 1858 has no
| reference to such a matter. If new water
works had to be built the Legislature could
! provide for their erection without interfer-
ing with the funds set apart for the pay
ment of the bonds; and, as it did not do so,
| the Act must stand as it passed. 1t would
not be held that if a person mortgaged the
| gross proceeds of his farm to his creditor
that he could take part of these funds to
build new house, when the old one, from
decay had fallen and ceased to be habita-
bic, without the consent of the creditor;
II fertilizers were required to make his farm
productive, that he could spend any por-
ton OF the gross proceeds to purchase the
terulizing material.
The necessities of the farmer may have
great weight with his mortgage, and in
duce him to consent to the expenditure
but the contract would bind him without
such consent.
1t is hardly necessary to refer to the posi-
ton that for long time the bondholder
consented to q withholding of the moneys
due him. The embarrassment of the city
may have induced this waiting on the part
OF the bondholder, but we know of no
rule of law which would authorize us to
hold that this conduct on the part of the
bondholder abridged or altered his rights
under the contract as made.
The foregoing conclusions are strength
ened by the fact that the bondholder took
his securities without the right to sue the
city and county. (SeC. IL The city had
no existence as corporation after the
Act took effect and could not, therefore, be
sued
In accordance with the foregoing views
| the judgment must be reversed.
The prayer of the complaint, which
was filed on the 10Th of January, 1886. is
| as follows:
Wherefore this petitioner prays that a
writ of mandate issue from this Court, Or
| dering and directing the respondent, the
| Treasurer, James n. Porter, to set apart and
| appropriate to said interest and sinking
| fund tifty-fve per cent. of the amount re-
ceiven from water rents since the first Mon
| day in April, 1885, and for general relief in
| the premises and for costs.
Also, that the respondent, as Treasurer
rs aforesaid, be ordered and directed from
| time to time as money collected from
water rents is received by him as Treas
urer, to set apart and appropriate fifty-fye
per cent. thereof to the interest and sinking
| fund of said city"
| The Court among other facts finds the
| following
THAT since the first Monday in April,
1885 (the beginning or the fiscal year for
! the city of Sacramento), and prior to the
filing of petitioners petition herein, there
had been collected for water rents within
the city of Sacramento the sum of $43.-
| 763 10, and said sum had been paid to the
respondent as Treasurer of said city
"0f this sum there has been set apart
and appropriated to the interest and sink
ing fund the sum of $1,000, which sum is
fifty-five per cent. of the amount remaining
of said sum of $43, 763 10, after paying all
expenses, including salaries of operating
ana maintaining the water-works of said
city.
"That all of said SAB, 763 10, except the
! said sum of $1,000, and except So 400 paid
| to other funds, the balance to wit, S31,-
763 10, was paid out by said Treasurer upon
warrants drawn by the Auditor, to pay bills
for the expenses of carrying on said water
works, which bills were audited and al
lowed by the Board of Trustees"
1t appelrs from this finding that the I'm
of $43, 763 Is had since the first Monday in
April, been collected for water rents and
paid into the Treasury. OF this sum So 500,
So per cent of the amount remained after
paying all expenses" including salaries of
| operating and maintaining the water
works. That of this larger sum, except
$4,000 and S., 400 paid to other funds, all of
it had been paid out by the Treasurer upon
warrants drawn by the Auditor, to pay
| hills for the expense OF CARVING on the